Financial Title Company v. National Union Fire Insurance Company of Pittsburgh, PA et al

Filing 23

ORDER Denying 14 Defendant's Partial Motion to Dismiss as Moot and Granting Defendant's Motion to Extend Time to File Answer, by Judge William J. Martinez on 3/5/12.(lyg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 11-cv-01508-WJM-BNB
In Re: FINANCIAL TITLE COMPANY, a California Corporation,

FINANCIAL TITLE COMPANY, a California Corporation,
Plaintiff,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA,
Defendant.
_____________________________________________________________________
ORDER DENYING DEFENDANT’S PARTIAL MOTION TO DISMISS AS MOOT AND
GRANTING DEFENDANT’S MOTION TO EXTEND TIME TO FILE ANSWER
_____________________________________________________________________
This matter is before the Court on Defendant’s Partial Motion to Dismiss and
Motion to Extend Time to File Answer, filed on August 10, 2011. (ECF No. 14.)
Defendant’s Partial Motion to Dismiss sought dismissal of Plaintiff’s first cause of
action for turnover pursuant to 11 U.S.C. § 542. (Id. at 2-6.)1 On September 7, 2011,
Plaintiff filed a Notice of [Voluntary] Dismissal of First Cause of Action for Turnover
under Federal Rule of Civil Procedure 41(a)(1)(A)(I). (ECF No. 19.) On the same day,
Plaintiff filed a Response to Defendant’s Partial Motion to Dismiss, explaining that
Plaintiff’s voluntary dismissal of its turnover claim moots Defendant’s Partial Motion to

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Plaintiff also brings claims for breach of contract and declaratory judgment against
Defendant. (See ECF No. 3-2.)

Dismiss. (ECF No. 20, ¶¶ 1-2.)2 The Court agrees. In accordance with the foregoing,
Defendant’s Partial Motion to Dismiss (within ECF No. 14) is DENIED as MOOT.
Defendant’s August 10, 2011 filing also moved This Court to extend the time for
Defendant to file an Answer to Plaintiff’s Complaint until 14 days after the Court rules on
Defendant’s Partial Motion to Dismiss. (ECF No. 14, at 6-8.) In its Response, Plaintiff
indicates that it is not opposed to the request. (ECF No. 20, ¶ 3.) The Court GRANTS
Defendant’s Motion to Extend Time to File Answer (within ECF No. 14). Defendant shall
file its Answer to Plaintiff’s Complaint on or before March 19, 2012.
SO ORDERED.
Dated this 5th day of March, 2012.
BY THE COURT:

_______
William J. Martínez
United States District Judge

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Defendant did not file a Reply.

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